Comment On The Perfection Of Penal Interpretation

The criminal law is described as a major place in the whole system of law, because it concerns civil rights, freedom. The most direct and similar to sentence's conclusion is the penal interpretation rather than the penal code. The perfection of penal interpretation plays an irreplaceable link role between the criminal and justice. It is the best model to the penal interpretation that penal interpretation can achieve the study which it can accurately be carried out the course of the criminal law; it is not easy task to achieve the goal.Penal interpretation is a necessary tool that it can accurately be put into effect, which is the value of penal interpretation. To study and explore the criminal law should stick to an important principle: penal interpretation must serve the criminal law. Penal interpretation must be complete and reflect accurately the legislative true intent of the criminal law; otherwise, the penal interpretation has little value. There are many editions of penal interpretation in China. But penal interpretation is difference from other laws, because penal interpretation has unique and exclusive characters. Civil judicial interpretation is often beyond the scope of the general provisions of the civil law, which changes the"new law". But penal interpretation never allows the similar situation, because the"new law"is according to the principle of legality.To study the framework of the penal interpretation system, we need adjust the proportions of the penal legislative interpretation, criminal justice interpretation and judiciary's direction. Limiting the main body of penal interpretation and the method of the penal interpretation is basis on the three interpretations including: reciprocal interpretation, respective interpretation and independent interpretation. The aim of the limiting makes penal interpretation system perfect and establishes the penal interpretation system of the principle of legality in criminal law.We can see clearly the value and important role of the penal interpretation through the different historical periods of the penal interpretation. From founding China on, the first criminal law was issued before 30 years or so. The penal interpretation plays an important part and fills the vacancy in non- criminal law. This is no doubt that penal interpretation is very important to the judicature. The penal interpretation doses not withdraw entirely from the history when the penal code issues. The penal interpretation changes its role, that is, it is from the main place into a supporting. But the penal interpretation is still playing a role. The penal interpretation was given a new topic reason for the changing its roles. In order to avoid"the tail wagging the dog", we must limit the penal interpretation and definite and creative again.We explain the penal interpretation from the historical point of view not only make the historical task of penal interpretation to became a issue, but make us see clearly the course of its development, which is easier to explain the current system of penal interpretation and better understand it. This is the value of its existence that the penal interpretation has shortcomings in different periods. With the history developing, the penal interpretation must be inherent course of its development when it changes its roles in the history. That brings a new text about the penal interpretation.We can not break up the penal interpretation's phenomenon in historical stage and study lonely under the condition of breaking up its history, otherwise; the conclusion that we draw will go against the laws of development. If we can not conform to the laws historical development, what we did will be in vain.Any creative efforts are carried out in forbidden situation of current society; in addition, the former's research result affects more negative influence than positive influence. The great academic master's thought control the readers and make them"not dare to go one step beyond the limit". We can get new discoveries and achievement by the motive of aim. The newly revised criminal law make the principle of the crimes establish. It is a historical inheritable outcome. The penal interpretation system's establishment and perfecting play an important link pole in the whole justices system. If we compare the criminal law to the mine body of the computer, the penal interpretation should be called the display of the computer. The ultimate goal of criminal law is penal interpretation that can reflect accurately and entirely the article of criminal law. Penal interpretation's perfecting process make the principle of the criminal law accomplish its goal. The penal interpretation's value is as important as the new criminal law is revised.After the principle of legality establish, the framework of penal interpretation also is established, that is, penal interpretation reflects accurately the true of the article of the criminal law. In order to make the judicial and law-enforcement personnel arrived desired social result, it must involve the legality of the criminal law to explain itself. We can get a conclusion that penal interpretation observes the equal principle. The equal principle require the interpretation of the article of criminal law not be exaggerated or shrank, especially it can not be exaggerated. The main body of interpretation is independence, that is, the mechanism of interpretation is a strict interpretation of the criminal law right. It must carry out the independent principles of interpretation which means that the mechanism's right must be clear away the obstacles. We must limit the method of the interpretation so that it can put into the principle effort. Finally, the proportion of interpretation should be limited, in other words, the legislative interpretation is the main part while the penal interpretation is the supplement and reference, under the situation, the judiciary's discretionary room can be expanded. Penal interpretation can change the static articles into the flow of justice. Penal interpretation can play an important role in adaption to the social development and service the society.Penal interpretation conforms to the objective law which is in the movement to survive and in the movement to develop. The article of criminal law expression is showed by the words, while the criminal law of establishment produces in special historical conditions. Criminal law has been promulgated with a static forms but it will be used in the flow of social development. So the criminal law is difficult to accord in objective cases, meanwhile the Penal interpretation arises at the right moment. The Penal interpretation makes the static articles change into a flow of specifications. With the penal interpretation improvement, penal interpretation will"escort"the criminal law.Penal interpretation grows out of nothing and expands, from promulgation to revision like the penal code. The course of penal interpretation went through from the confusion to clear and final perfection.The important of establishment of a system as the social system, it can not change according to the individual law enforcement. As the substance law of the penal code should not result in difference efforts due to the judicial officers. Penal interpretation requires the substantive articles of the law should be known to the public. If it is guilty, it will not in accordance with profound scholars. If the purpose comes true, the criminal law system's role will reflect truly. The public anxiety completely disappeared, which will preserve the social stability.